Persons & Family Relations

The Family Code – Marriage1

[Follow the Outline]

Part One
Modified True or False. Consider the statement true only when it is absolutely true.
Part Two
Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. If the marriage was solemnized in 1988 without a marriage settlement having been
executed, what will be the property regime of the spouses?

2. What is the purpose of marriage?

3. Distinguish marriage from an ordinary contract?

4. Marvin, a Filipino, and Shelley, an American, both residents of California, decided to get
married in their local parish. Two years after their marriage, Shelley obtained a divorce in
California. While in Boracay, Marvin met Manel, a Filipina, who was vacationing there.
Marvin fell in love with her. After a brief courtship and complying with all the
requirements, they got married in Hongkong to avoid publicity, it being Marvin’s second
marriage. Is this marriage to Manel valid? Explain.

Yes, the marriage of Marvin and Manel is valid. While Marvin was previously married to
Shelley, the divorce from Marvin obtained by Shelley in California capacitated Marvin to
contract the subsequent marriage to Manel under the 2nd paragraph of Article 26 of the Family
Code which provides that where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating
him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under
Philippine law.
5. In 1989, Maris, a Filipino citizen, married her boss Johnson, An American citizen, in
Tokyo in a wedding ceremony celebrated according to Japanese laws. One year later,
Johnson returned to his native Nevada, and he validly obtained in that state an absolute
divorce from his wife Maris.

After Maris received the final judgment of divorce, she married her childhood sweetheart
Pedro, also a Filipino citizen, in a religious ceremony in Cebu City, celebrated according
to the formalities of Philippine law. Pedro later left for the United States and became
naturalized as an American citizen. Maris followed Pedro to the United States, and after
a serious quarrel, Maris filed a suit and obtained a divorce decree issued by the court in
the state of Maryland.
Maris then returned to the Philippines and in a civil ceremony celebrated in Cebu City
according to the formalities of Philippine law, she married her former classmate Vincent
likewise a Filipino citizen.

a) Was the marriage of Maris and Johnson valid when celebrated? Is their marriage still
validly existing now? Reasons.

The marriage of Marts and Johnson was valid when celebrated because all marriages
solemnized outside the Philippines (Tokyo) in accordance with the laws in force in
the country where they are solemnized (Japan), and valid there as such, are also valid
in the Philippines.

Their marriage no longer validly subsists, because it has been dissolved by the
absolute divorce validly obtained by Johnson which capacitated Maris to remarry
(Art. 26. Family Code).

b) Was the marriage of Maris and Pedro valid when celebrated? Is their marriage still
validly existing now? Reasons.

The marriage of Maris and Pedro was valid when celebrated because the divorce
validly obtained by Johnson in Manila capacitated Maris to marry Pedro. The
marriage of Maris and Pedro is still validly existing, because the marriage has not
been validly dissolved by the Maryland divorce (Art. 26, Family Code).

c) Was the Marriage of Maris and Vincent valid when celebrated? Is their marriage still
validly existing now? Reasons.
 The marriage of Maris and Vincent is void ab initio because it is a bigamous marriage
contracted by Maris during the subsistence of her marriage with Pedro (Art. 25 and
41, Family Code). The marriage of Maris and Vincent does not validly exist because
Article 26 does not apply. Pedro was not a foreigner at the time of his marriage with
marts and the divorce abroad (in Maryland) was initiated and obtained not by the
alien spouse, but by the Filipino spouse. Hence, the Maryland divorce did not
capacitate Maris to marry Vincent.

d) At this point in time, who is the lawful husband of Maris? Reasons.

At this point in time, Pedro is still the lawful husband of Maris because their valid
marriage has not been dissolved by any valid cause (Art. 26, Family Code).

6. What is the status of the following marriages and why?

(a) A marriage between two Filipino first cousins in Spain where such marriage is valid.

By reason of public policy, the marriage between Filipino first cousins is void [Art.
38, par. (1), Family Code], and the fact that it is considered a valid marriage in a
foreign country in this case, Spain—does not validate it, being an exception to the
general rule in Art. 26 of said Code which accords validity to all marriages
solemnized outside the Philippines x xx and valid there as such.
By reason of Art. 15 in relation to Article 38 of the Civil Code, which applies to
Filipinos wherever they are, the marriage is void.

(b) A marriage between two Filipinos in Hong Kong before a notary public.

It depends. If the marriage before the notary public is valid under Hong kong Law, the
marriage is valid in the Philippines. Otherwise, the marriage that is invalid in Hong kong
will be invalid in the Philippines.

7. Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage,
Wilma fell in love with Joseph. Thus, Wilma went to a small country in Europe, became
a naturalized citizen of that country, divorced Harry, and married Joseph. A year
thereafter, Wilma and Joseph returned and established permanent residence in the
Philippines.

a. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your
answer.
 As to Wilma, the divorce obtained by her is recognized as valid in the Philippines
because she is now a foreigner. Philippine personal laws do not apply to a foreigner.
However, recognition of the divorce as regards Harry will depend on the applicability to
his case of the second paragraph of Article 26 of the Family Code. If it is applicable,
divorce is recognized as to him and, therefore, he can remarry. However, if it is not
applicable, divorce is not recognized as to him and, consequently, he cannot remarry.

b. If Harry hires you as his lawyer, what legal recourse would you advise him to take?
Why?

I will advise Harry to:

(1) dissolve and liquidate his property relations with Wilma; and

(2) if he will remarry, file a petition for the recognition and enforcement of the foreign
judgment of divorce (Rule 39, Rules of Court).

c. Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to
marry her because, after all, Wilma is already married to Joseph. Can Harry legally marry
Elizabeth? Explain.

Yes, he can validly marry Elizabeth, applying the doctrine laid down by the Supreme Court in
Republic v. Obrecido (427 SCRA 114 [2005]). Under the second paragraph of Article 26 of the
Family Code, for the Filipino spouse to have capacity to remarry, the law expressly requires the
spouse who obtained the divorce to be a foreigner at the time of the marriage. Applying this
requirement to the case of Harry, it would seem that he is not given the capacity to remarry. This
is because Wilma was a Filipino at the time of her marriage to Harry.

8. Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later
worked in Rome where he acquired Italian citizenship. He got a divorce from Helen in
Rome but, on returning to the Philippines, he realized his mistake, asked forgiveness of
his wife, and resumed living with her. They had 2 more children. What is the status of
their 4 children?

The children born before the divorce are legitimate but those born after it are not since
Arthur got the divorce when he had ceased to be a Filipino.

9. Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage was
solemnized on August 2, 1989 by Ric’s uncle, a Baptist Minister, in Calamba, Laguna.
He overlooked the fact that his license to solemnize marriage expires the month before
and that the parties do not belong to his congregation. After 5 years of married life and
blessed with 2 children, the spouses developed irreconcilable differences, so they parted
ways.
While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local college
and a Seventh-Day Adventist. They decided to get married with the consent of Juliet’s
parents. She presented to him a birth certificate showing she is 18 years old. Ric never
doubted her age much less the authenticity of her birth certificate. They got married in a
Catholic church in Manila. A year after, Juliet gave birth to twins, Aissa and Aretha.
(1) What is the status of the marriage between Gigi and Ric – valid, voidable or void?
Explain.

The marriage between Gigi and Ric is void because a minister has no authority to
solemnize a marriage between contracting parties who were both not members of the
minister’s religious sect. Under the Family Code, a minister or a priest has authority
to solemnize a marriage but only if one or both contracting parties are members of the
religious sect of the priest or minister. Since neither Ric nor Gigi was a member of
the Baptist Church because both of them were Catholic, the Baptist Minister did not
have authority to solemnize their marriage.

Ric and Gigi cannot claim that they believed in good faith and that the Baptist
Minister had the authority to solemnize the marriage and invoke Article 35 (2) of the
Family Code to make the marriage valid. The provision of the Family Code applies
only to a mistake of fact, and not to a mistake of law. Hence, the fact that the
minister’s license was expired will not affect the validity of the marriage if Ric or
Gigi believed in good faith that the Minister had a valid license. That would be
a mistake of fact. However, believing that the Minister had authority to solemnize the
marriage even if none of the contracting parties was a member of the Minister’s
religious sect is a mistake of law. This is because the law expressly provides that the
Minister has authority only if one or both contracting parties are members of the
Minister’s religious sect. A mistake of law does not excuse from non-compliance
therewith.

(2) What is the status of the marriage between Ric and Juliet – valid, voidable or void?
Explain.

The marriage between Ric and Juliet is void because Juliet was below 18 years of
age. Under the Family Code, the requisite age for legal capacity to contract marriage
is 18 years old and a marriage by a party who is below 18 years old is void under all
circumstances. Hence, even though Juliet’s parents have given their consent to the
 marriage and even though Ric believed in good faith that she was 18 years old, the
marriage is void.

(3) Suppose Ric himself procured the falsified birth certificate to persuade Juliet to marry
him despite her minority and assured her that everything is in order. He did not
divulge to her his prior marriage with Gigi. What action, if any, can Juliet take
against him? Explain.

(a) Juliet may file an action to declare her marriage to Ric null and void on the
ground that she was not of marrying age.

(b) She may also file a criminal case against Ric for bigamy because he contracted
the marriage with her without a judicial declaration of nullity of his first marriage to
Gigi.
(c) She may also file a criminal case for falsification, perjury, or illegal marriage as
the case may be.
(d) In case the facts and the evidence will warrant, she may also file a criminal case
for seduction. In all these cases, Juliet may recover damages.

(4) If you were the counsel for Gigi, what action/s will you take to enforce and protect
her interests? Explain.

As counsel for Gigi, I will file an action for the declaration of nullity of Gigi’s
marriage to Ric on the ground of absence of authority of the Baptist Minister to
solemnize the marriage between Ric and Gigi who were both non-members of the
Baptist Church.

As counsel for Gigi, and on the basis of the legal presumption that her marriage to
Ric is valid, I will file the following actions: (1) Legal separation on the grounds of
subsequent bigamous marriage and sexual infidelity, (2) Receivership of the conjugal
or community property, (3) Judicial separation of property, (4) Petition for sole
administration of the conjugal or community property, (5) Action for damages for
abuse of right, and (6) Action to declare the marriage of Ric and Juliet as null and
void and to recover her share in her community of property with Ric, consisting of
the portion shared by Ric in whatever property was commonly or jointly acquired by
Ric and Juliet.
10. Suppose the couple got married on September 1, 1994 at the Manila Hotel before the
Philippine Consul General to Hong Kong, who was on vacation in Manila. The couple
executed an affidavit consenting to the celebration of the marriage at the Manila Hotel.
Is the marriage valid?

a) The marriage is not valid. Consuls and vice- consuls are empowered to solemnize
marriages between Philippine citizens abroad in the consular office of the foreign country
to which they were assigned and have no power to solemnize marriage on Philippine soil.

b) A Philippine consul is authorized by law to solemnize marriages abroad between

Filipino citizens. He has no authority to solemnize a marriage in the Philippines.
Consequently, the marriage in question is void, unless either or both of the contracting
parties believed in good faith that the consul general had authority to solemnize their
marriage in which case the marriage is valid.

11. A and B, both 18 years old, were sweethearts studying in Manila. On August 3, 1988,
while in first year college, they eloped. They stayed in the house of a mutual friend in
town X, where they were able to obtain a marriage license. On August 30, 1988, their
marriage was solemnized by the town mayor of X in his office. Thereafter, they returned
to Manila and continued to live separately in their respective boarding houses, concealing
from their parents, who were living in the province, what they had done. In 1992, after
graduation from college, A and B decided to break their relation and parted ways. Both
went home to their respective towns to live and work.

Was the marriage of A and B solemnized on August 30, 1988 by the town mayor of X in
his office a valid marriage? Explain your answer.

The marriage of A and B is void because the solemnizing officer had no legal authority to
solemnize the marriage. But if either or both parties believed in good faith that the
solemnizing officer had the legal authority to do so, the marriage is voidable because the
marriage between the parties, both below 21 years of age, was solemnized without the
consent of the parents. (Art. 35. par. (2) and Art. 45 par. (1). Family Code)

12. On May 1, 1975, Facundo married Petra, by whom he had a son Sotero. Petra died on
July 1, 1996, while Facundo died on January 1, 2002. Before his demise, Facundo had
married, on July 1, 2000, Querica. Having lived together as husband and wife since July
1, 1990, Facundo and Querica did not secure a marriage license but executed the
requisite affidavit for the purpose.
 To ensure that his inheritance rights are not adversely affected by his father’s second
marriage, Sotero now brings a suit to seek a declaration of the nullity of the marriage of
Facundo and Querica, grounded on the absence of a valid marriage license. Querica
contends that there was no need for a marriage license in view of her having lived
continuously with Facundo for five years before their marriage and that Sotero has no
legal personality to seek a declaration of nullity of the marriage since Facundo is now
deceased.
A. Is the marriage of Facundo and Querica valid, despite the absence of a marriage
license? Explain.

The marriage with Querica is void. The exemption from the requirement of a
marriage license under Art. 34, Family Code, requires that the man and woman
must have lived together as husband and wife for at least five years and without
any legal impediment to marry each other during those five years. The
cohabitation of Facundo and Querica for six years from 1990 to July 1, 1996
when Petra died was one with a legal impediment hence, not in compliance with
the requirement of law. On the other hand, the cohabitation thereafter until the
marriage on July 1, 2000, although free from legal impediment, did not meet the
5-year cohabitation requirement.

B. Does Sotero have the personality to seek a declaration of nullity of the marriage,
especially now that Facundo is already deceased? Explain.

A void marriage may be questioned by any interested Party in any proceeding

where the resolution of the issue is material. Being a compulsory heir, Sotero has
the personality to question the validity of the marriage of Facundo and Querica.
Otherwise, his participation in the estate of Facundo would be affected. (Niria v.
Bayadog, 328 SCRA 122 [2000]).

13. On Valentine’s Day, 1996, Elias and Fely, both single and 25 years of age, went to the
city hall where they sought out a fixer to help them obtain a quickie marriage. For a fee,
the fixer produced an ante-dated marriage license for them, issued by the Civil Registrar
of a small remote municipality. He then brought them to a licensed minister in a
restaurant behind the city hall, and the latter solemnized their marriage right there and
then.
Is the marriage valid, void or voidable? Explain.

Valid, irregularity of marriage license.

14. What is the effect of the absence of a marriage certificate?

Valid marriage; What is required is the marriage license, not the marriage certificate. The latter
is not an essential or formal requisite; thus an oral solemnization is valid. In fact, a marriage may
be proved by oral evidence (Paras). Although a marriage contract is considered a primary
evidence of marriage, its absence is not always proof that no marriage took place(Vda. De la
Rosa v. Heirs of Vda. De Damian, G.R. No. 103028, October 10, 1997).

15. Distinguish jurisdiction from venue?

Jurisdiction is the power or authority given by the law to a court or tribunal to hear and
determine certain controversies; Power of courts to hear and determine a controversy
involving rights which are demandable and enforceable. Venue is the particular country or
geographical area in which a court with jurisdiction may hear or determine a case;
Procedural; In civil cases, may be waived or stipulated by the parties

16. What is effect if the marriage was solemnized outside the jurisdiction of the court?

If a marriage is solemnized by a judge of the Regional Trial Court, Metropolitan Trial Court, or
Municipal Court beyond his jurisdiction, there is absence of a formal requisite in such a
marriage, namely, the authority of the solemnizing offi cer. Hence, the marriage is void unless
either of the parties believed in good faith that such solemnizing offi cer has authority to conduct
such marriage.

17. What is effect if the marriage was solemnized by a judge in a beach front?

IF WITHIN JURISDICTION - Irregularity, valid: marriage solemnized in a place other

than publicly in the chambers of the judge or in open court, in church, chapel, or temple, or in the
offi ce of the consul-general, consul, or vice-consul; 4) issuance of marriage license in city or
municipality not the residence of either of the contracting parties (Alcantara v. Alcantara, G.R.
No. 167746, August 28, 2007, 531 SCRA 446)

18. QR and TS who had a marriage license requested a newly appointed Judge in Manila to
marry them on the beach of Boracay. Since the Judge maintained
Boracay as his residence, he agreed. The sponsors were all public officials.
What is the status of the marriage?
Void, absence of formal requisite; Judges can solemnize marriage only within their
courts’ jurisdiction. the law clearly provides that a judge has authority only if he or she
solemnizes within his or her jurisdiction. Non-observance of this rule is not a mere
irregularity because it generally makes the marriage null and void.
19. Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16
years old, they started to live together as husband and wife without the benefit of
marriage. When Faye reached 18 years of age, her parents forcibly took her back and
arranged for her marriage to Brad. Although Faye lived with Brad after the marriage,
Roderick continued to regularly visit Faye while Brad was away at work. During their
marriage, Faye gave to a baby girl, Laica. When Faye was 25 years old, Brad discovered
her continue liaison with Roderick and in one of their heated arguments, Faye shot Brad
to death. She lost no time in marrying her true love Roderick, without a marriage license,
claiming that they have been continuously cohabiting for more than 5 years.

Was the marriage of Roderick and Faye valid?

The marriage was void because there was no marriage license. Their marriage was not
exempt from the requisite of a marriage license because Roderick and Faye have not been
cohabiting for at least 5 continuous years before the celebration of their marriage. Their
lovers’ tryata and brief visitations did not amount to “cohabitation”. Moreover, the
Supreme Court held that for the marriage to be exempt from a license, there should be no
impediment for them to marry each other during the entire 5 years of cohabitation.
Roderick and Faye could not have cohabited for 5 continuous years without impediment
because Faye was then legally married to Brad.

20. In 1985, Sonny and Lulu, both Filipino citizens, were married in the Philippines. In
1987, they separated, and Sonny went to Canada, where he obtained a divorce in the
same year. He then married another Filipina, Auring, in Canada on January 1, 1988.
They had two sons, James and John. In 1990, after failing to hear from Sonny, Lulu
married Tirso, by whom she had a daughter, Verna. In 1991, Sonny visited the
Philippines where he succumbed to heart attack.

Discuss the effect of divorce obtained by Sonny and Lulu in Canada.

The divorce obtained by Sonny in Canada was not valid because he and his wife were
both Filipino citizens. Divorce between a Filipino couple is not valid under Philippine
law even though they are living abroad. (Art. 15, Civil Code)

Explain the status of the marriage between Sonny and Auring.

Void, bigamous; no legal capacity. Since the divorce obtained by Sonny was void, his
marriage to Auring is necessarily void ab initio because of his subsisting marriage to
Lulu. (Art. 41, Family Code)
21. A and B, both 18 years old, were sweethearts studying in Manila. On August 3, 1988,
while in first year college, they eloped. They stayed in the house of a mutual friend in
town X, where they were able to obtain a marriage license. On August 30, 1988, their
marriage was solemnized by the town mayor of X in his office. Thereafter, they returned
to Manila and continued to live separately in their respective boarding houses, concealing
from their parents, who were living in the province, what they had done. In 1992, after
graduation from college, A and B decided to break their relation and parted ways. Both
went home to their respective towns to live and work.

a) Was the marriage of A and B solemnized on August 30, 1988 by the town mayor of X
in his office a valid marriage? Explain your answer.

The marriage of A and B is void because the solemnizing officer had no legal
authority to solemnize the marriage. But if either or both parties believed in good
faith that the solemnizing officer had the legal authority to do so, the marriage is
voidable because the marriage between the parties, both below 21 years of age, was
solemnized without the consent of the parents. (Art. 35. par. (2) and Art. 45 par. (1).
Family Code)

b) Can either or both of them contract marriage with another person without committing
bigamy? Explain your answer.

Either or both of the parties cannot contract marriage in the Philippines with another
person without committing bigamy, unless there is compliance with the requirements
of Article 52 Family Code, namely: there must be a judgment of annulment or
absolute nullity of the marriage, partition and distribution of the properties of the
spouses and the delivery of their children’s presumptive legitimate which shall be
recorded in the appropriate Civil Registry and Registry of Property, otherwise the
same shall not affect third persons and the subsequent marriage shall be null and
void. (Arts. 52 and 53. Family Code)

22. Ana Rivera had a husband, a Filipino citizen like her, who was among the passengers on
board a commercial jet plane which crashed in the Atlantic Ocean ten(10) years earlier
and had never been heard of ever since. Believing that her husband had died, Ana
married Adolf Cruz Staedtler, a divorcee with a German father and a Filipino mother
residing in Stuttgart. To avoid being required to submit the required certificate of
capacity to marry from the German Embassy in Manila, Adolf stated in the application
for marriage license that he was a Filipino citizen. With the marriage license stating that
Adolf was a Filipino, the couple got married in a ceremony officiated by the Parish Priest
 of Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to
solemnize marriages except in his church. Is the marriage valid? Explain fully. (5%)

The issue hinges on whether or not the missing husband was dead or alive at the time of the
second marriage.

If the missing husband was in fact dead at the time the second marriage was celebrated, the
second marriage was valid. Actual death of a spouse dissolves the marriage ipso facto whether or
not the surviving spouse had knowledge of such fact. A declaration of presumptive death even if
obtained will not make the marriage voidable because presumptive death will not prevail over
the fact of death.

If the missing husband was in fact alive when the second marriage was celebrated, the second
marriage was void ab initio because of a prior subsisting marriage. Had Ana obtained a
declaration of presumptive death, the second marriage would have been voidable. In both cases,
the fact that the German misrepresented his citizenship to avoid having to present his Certificate
of Legal Capacity, or the holding of the ceremony outside the church or beyond the territorial
jurisdiction of the solemnizing officer, are all irregularities which do not affect the validity of the
marriage.

23. X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by
the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know
that they were first cousins because their mothers, who were
sisters, were separated when they were quite young. Since X did not want to continue
with the relation when he heard of it, he left Y, came to the Philippines and married Z.
Can X be held liable for bigamy?

Yes, declaration of nullity. compliance with the requirements of Article 52 Family Code,
namely: there must be a judgment of annulment or absolute nullity of the marriage, partition and
distribution of the properties of the spouses and the delivery of their children’s presumptive
legitimate which shall be recorded in the appropriate Civil Registry and Registry of Property,
otherwise the same shall not affect third persons and the subsequent marriage shall be null and
void. (Arts. 52 and 53. Family Code)

ALTERNATIVE ANSWER:
Yes, they can. The subsequent marriage contracted by one of the parties will not give rise to
bigamy even in the absence of a court declaration of nullity of the first marriage. The subsistence
of a prior valid marriage is an indispensable element of the crime of bigamy. The prior court
declaration of nullity of the first marriage is required by the Family Code only for the purpose of
the validity of the subsequent marriage, not as an element of the crime of bigamy.

24. Gemma filed a petition for the declaration of nullity of her marriage with Arnell on the
ground of psychological incapacity. She alleged that after 2 months of their marriage,
Arnell showed signs of disinterest in her, neglected her and went abroad. He returned to
the Philippines after 3 years but did not even get in touch with her. Worse, they met
several times in social functions but he snubbed her. When she got sick, he did not visit
her even if he knew of her confinement in the hospital. Meanwhile, Arnell met an
accident which disabled him from reporting for work and earning a living to support
himself.
Will Gemma’s suit prosper? Explain.5%

Gemma’s suit will not prosper. The acts of Amell complained about do not by themselves
constitute psychological incapacity. It is not enough to prove the commission of those
acts or the existence of his abnormal behavior. It must be shown that those acts or that
behavior was a manifestation of a serious mental disorder and that it is the root cause why
he was not able to perform the essential duties of married life. It must also be shown that
such psychological incapacity, as manifested in those acts or that behavior, was existing
at the time of the celebration of the marriage. In this case, there was no showing that
Arnell was suffering from a serious mental disorder, that his behavior was a
manifestation of that disorder, and that such disorder prevented him from complying with
his duties as a married person.

25. You are a Family Court judge and before you is a Petition for the Declaration of Nullity
of Marriage (under Article 36 of the Family Code) filed by Maria against Neil. Maria
claims that Neil is psychologically incapacitated to comply with the essential obligations
of marriage because Neil is a drunkard, a womanizer, a gambler, and a mama’s boy —
traits that she never knew or saw when Neil was courting her. Although summoned, Neil
did not answer Maria’s petition and never appeared in court.

To support her petition, Maria presented three witnesses — herself, Dr. Elsie Chan, and
Ambrosia. Dr. Chan testified on the psychological report on Neil that she prepared. Since
Neil never acknowledged nor responded to her invitation for interviews, her report is
solely based on her interviews with Maria and the spouses’ minor children. Dr. Chan
concluded that Neil is suffering from Narcissistic Personality Disorder, an ailment that
she found to be already present since Neil’s early adulthood and one that is grave and
incurable. Maria testified on the specific instances when she found Neil drunk, with
another woman, or squandering the family’s resources in a casino. Ambrosia, the
spouses’ current household help, corroborated Maria’s testimony.
 On the basis of the evidence presented, will you grant the petition?

If I were the judge, I will not grant the petition. Although psychological incapacity has not been
defined by the Family Code, the Supreme Court in several cases (Republic vs. San Jose -
February 28, 2007; Zamora v. CA an Zamora G.R. No. 141917 February 7, 2007; Benjamin Ting
v. Carmen Ting G.R. No. 166562; March 31, 2009) has ruled that the intendment of the law is
to confine psychological incapacity to the most serious cases of personality disorders clearly
demonstrative of an utter insensitivity or inability to give meaning and significance to the
marriage. What the law requires is downright incapacity and not refusal or neglect or difficulty
but a failure to perform essential marital obligations due to causes psychological in nature.

Further, the presentation of expert proof presupposes a thorough and in-depth assessment of
the parties by the psychologist or expert for a conclusive diagnosis of grave, severe, and
incurable presence of psychological incapacity. (Paz vs. Paz – February 18, 2010) In this case,
the report of Dr. Chan is solely based on her interviews with Maria and the children. She did not
actually hear, see and evaluate Neil. Hence, the report cannot constitute a reasonable basis to
reach a conclusion as to Neil’s psychological incapacity.

26. Write “TRUE” if the statement is true or “FALSE” if the statement is false. If the
statement is FALSE, state the reason.

Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David and
they got married when she was already 20 years old. David had a son Julian, with his ex-
girlfriend Sandra. Julian and Thelma can get married.

True. Julian and Thelma can get married. Marriages between stepbrothers and stepsisters
are not among the marriages prohibited under the Family Code.

27. Despite several relationships with different women, Andrew remained unmarried. His
first relationship with Brenda produced a daughter, Amy, now 30 years old. His second,
with Carla, produced two sons: Jon and Ryan. His third, with Donna, bore him two
daughters: Vina and Wilma. His fourth, with Elena, bore him no children although Elena
has a daughter Jane, from a previous relationship. His last, with Fe, produced no
biological children but they informally adopted without court proceedings, Sandy, now
13 years old, whom they consider as their own. Sandy was orphaned as a baby and was
entrusted to them by the midwife who attended to Sandy’s birth. All the children,
including Amy, now live with Andrew in his house.

Can Jon and Jane legally marry?

 Jon and Jane can legally marry because they are not related to each other. Jane is not a
daughter of Andrew.

28. Cesar and Baby contracted marriage on June 15, 1983. A year later, Baby bore a child,
“X”. The following year, the couple acquired a car and a residential lot in Metro Manila.
On September 1, 1988, the marriage was declared void from the beginning by a
competent court because Cesar was below 16 years of age at the time of the marriage.
Sometime in December, 1988, Cesar met Rosa with whom he fell in love. Cesar married
Rosa on January 15, 1989. On September 1, 1989, Rosa gave birth prematurely to a
child, “Y”. Is the marriage of Cesar and Rosa valid? What is the status of the child “Y”?
Give your reasons.

If there was a liquidation of the properties of the first marriage and the presumptive
legitime of “X” was duly delivered, the second marriage is valid. If there was no such
compliance, then the marriage is void. The child is legitimate since “Y” was born a full
year after the termination of the first marriage and during the second marriage.

29. If the first marriage is void, can the spouse who contracted a subsequent marriage be held
criminally liable for bigamy?

29. If the first marriage is void, can the spouse who contracted a subsequent marriage be held
criminally liable for bigamy if there was failure to comply with Art. 40 of the FC?

30. If the second marriage is void, can the spouse who contracted a subsequent marriage be
held criminally liable for bigamy?

31. What is the status of the following marriages and why?

(a) A marriage between two 19-year olds without parental consent.
(b) A marriage between two 21-year olds without parental advice.

32. Manuel came to Manila and married Marianne. Unknown to Marianne,

Manuel had been previously convicted in Palawan of theft and served time for it.
After Marianne learned of his previous conviction, she stopped living with him.
 Can Marianne seek the annulment of the marriage based on Manuel’s non-disclosure of
his previous crime?

33. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of a
black African who had left the country for good. When the child was born, Fidel
could not accept it being too black in complexion. What is the status of the child?

34. Bert and Baby were married to each other on December 23, 1988. Six months later, she
discovered that he was a drug addict. Efforts to have him rehabilitated were
unsuccessful.
Can Baby ask for annulment of marriage, or legal separation? Explain.

35. Write “TRUE” if the statement is true or “FALSE” if the statement is false. If the
statement is FALSE, state the reason.

The day after John and Marsha got married, John told her that he was impotent. Marsha
continued to live with John for 2 years. Marsha is now estopped from filing an annulment
case against John.

36. Emmanuel and Margarita, American citizens and employees of the U.S. State Department,
got married in the African state of Kenya where sterility is a ground for annulment of
marriage. Thereafter, the spouses were assigned to the U.S. Embassy in Manila. On the first
year of the spouses’ tour of duty in the Philippines, Margarita filed an annulment case against
Emmanuel before a Philippine court on the ground of her husband’s sterility at the time of
the celebration of the marriage.

a. Will the suit prosper? Explain your answer.

b. Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya, they
come back and take up residence in the Philippines. Can their marriage be annulled on
the ground of Emmanuel’s sterility? Explain.
37. B and G, age 20 and 19, respectively, both single, eloped and got married to each other
without parental consent in the case of G, a teenaged student of an exclusive college for
girls. Three years later, her parents wanted to seek judicial annulment on that ground.
You were consulted and asked to prepare the proper complaint. What advice would you
give G’s parents? Explain your answer.

38. Yvette was found to be positive for HIV virus, considered sexually transmissible, serious
and incurable. Her boyfriend Joseph was aware of her condition and yet married her.
After two (2) years of cohabiting with Yvette, and in his belief that she would probably
never be able to bear him a healthy child, Joseph now wants to have his marriage with
Yvette annulled. Yvette opposes the suit contending that Joseph is estopped from
seeking annulment of their marriage since he knew even before their marriage that she
was afflicted with HIV virus.
Can the action of Joseph for annulment of his marriage with Yvette prosper? Discuss
fully.

39. Josie, 18, married Dante, 25, without her parents’ knowledge and consent, and lived with
him. After a year, Josie returned to her parents’ home, complained of the unbearable
battering she was getting from Dante, and expressed a desire to have her marriage with
him annulled. Who may bring the action?

40. Conrad and Linda, both 20 years old, applied for a marriage license, making it appear
that they were over 25. They married without their parents’ knowledge before an
unsuspecting judge. After the couple has been in cohabitation for 6 years, Linda’s parents
filed an action to annul the marriage on ground of lack of parental consent. Will the case
prosper?

41. If one or both contracting parties were between 18 and 21 and the marriage was
solemnized without the consent of the parents, may the action for annulment prosper if
the parents gave consent after the marriage?

42. Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to
question the validity of their marriage two years after the intimidation ceased, Judy
decided in the meantime to freely cohabit with Baldo. After more than 5 years following
their wedding, Judy wants to file a case for annulment of marriage against Baldo on
ground of lack of consent. Will her action prosper?
43. Maria and Luis, both Filipinos, were married by a Catholic priest in Lourdes Church,
Quezon City in 1976. Luis was drunk on the day of his wedding. In fact, he slumped at
the altar soon after the ceremony. After marriage, Luis never had a steady job because he
was drunk most of the time. Finally, he could not get employed at all because of
drunkenness. Hence, it was Maria who had to earn a living to support herself and her
child begotten with Luis. In 1986, Maria filed a petition in the church matrimonial court
in Quezon City to annul her marriage with Luis on the ground of psychological
incapacity to comply with his marital obligation. Her petition was granted by the church
matrimonial court.

a) Can Maria now get married legally to another man under Philippine laws after her
marriage to Luis was annulled by the church matrimonial court? Explain.
b) What must Maria do to enable her to get married lawfully to another man under
Philippine laws?

44. Is there any law which allows the delivery to compulsory heirs of their presumptive
legitimes during the lifetime of their parents? If so, in what instances?

45. X insured himself for P5 million, designating Y, his wife, as his sole
beneficiary. The designation was irrevocable. A few years later, X had their marriage
annulled in court on the ground that Y had an existing prior marriage. X subsequently
died, Is Y entitled to the insurance benefits?